Amy Bishop inquest order reversed by SJC

The Supreme Judicial Court has vacated a Superior Court order denying the Boston Globe’s motion to inspect and copy the inquest report and the transcript of the inquest proceedings in the murder indictment of Amy Bishop.

The SJC found that the Superior Court judge reasonably applied the controlling legal principles set forth in Kennedy v. Justice of the District Court of Dukes County, 356 Mass. 367 (1969).

“We now, however, revise those principles to conform to the evolving general principles in our common law regarding public access to court records, and to ensure that the same principles govern the impoundment of the inquest transcript and report,” Justice Ralph D. Gants announced for a unanimous SJC.

“[S]earch warrant affidavits are public documents that may only be impounded on a finding of good cause shown,” Gants pointed out. “Where a district attorney has filed a notice that the grand jury have returned an indictment, we now apply the same standard to inquest reports and transcripts, and no longer adhere to the principle articulated in Kennedy that, where an indictment issues, the inquest report and transcript must remain impounded until the completion of the criminal trial or until a judge determines that no criminal trial is likely.”

The SJC also decided to require “the extended impoundment of the inquest transcript and report for a period of ten calendar days after the filing of the required notice or certificate by a district attorney under [G.L.c. 38,] §10.”

At the conclusion of this 10-day period, “the report or transcript shall be available for public inspection in the absence of an impoundment order or a judicial order pending adjudication of a motion to impound,” Gants stated.